Fux Suspends All Lower-Court Cases on Brazil Betting Ban

Brazilian Supreme Court Justice Luiz Fux has suspended every lower-court case challenging the country's online betting ban. He signed the order on Sunday, Nov. 8, at the request of Prosecutor General Paulo Gonet.

The freeze will remain in effect until the full Supreme Federal Court (STF) rules on the ban's constitutionality. It closes a route some operators had used to win temporary court orders to reopen. President Luiz Inácio Lula da Silva imposed the ban on Sept. 25 through Provisional Measure 1,394. Licensed betting sites went offline on Oct. 6.

Why Fux Froze the Cases, Pending Full Court Approval

Fux issued the decision in ADI 8027, a direct action of unconstitutionality filed by the National Association of Games and Lotteries (ANJL). The Prosecutor General's Office requested the nationwide suspension on Nov. 6. It argued that lower-court judges had issued temporary rulings suspending the measure's effects.

Fux agreed that parallel cases risked conflicting decisions and legal uncertainty. He also warned of the "potential release of an activity recognized as harmful and posing a high social risk" (translated from Portuguese), a reference to fixed-odds betting.

Fux said the matter was urgent enough for him to act alone. His order is already in force, but the full court must still vote to confirm it.

Stake and CDA Gaming Reopenings Show the Route Fux Just Closed

The order targets the kind of lawsuits that had briefly reopened parts of the market. On Oct. 8, a São Paulo federal judge let Stake resume operations until Oct. 25. The next day, the president of a federal appeals court suspended that order.

A separate ruling later allowed CDA Gaming to reopen its Casa de Apostas, Betsul and Jogo Online brands. The same appeals court president overturned that ruling last week. In both cases, he acted on appeals from the Office of the Attorney General (AGU), which represents the federal government.

Fux's decision halts all such cases nationwide. It does not decide whether the ban itself is valid.

Operators now depend on the STF and Congress for any path back into the market.

What Comes Next for Brazil's Betting Ban at the STF and Congress

The four direct challenges (ADIs 8024, 8027, 8028 and 8035) remain pending at the STF. No date has been set for a final judgment. On Nov. 4, Chief Justice Edson Fachin signaled that he plans to schedule all online betting cases for a joint ruling.

Fux's own view on betting appears firm. At a Nov. 3 hearing, he said bets "should be banned" (translated from Portuguese). He added, however, that the full court would make the final decision.

Meanwhile, Congress has up to 120 days from the measure's publication to approve, amend or reject it. Lawmakers have filed more than 90 amendments. Several would restore sports betting while keeping slots and other online casino games banned.